Sec. 5. State to sue on bonds and prosecute crimes. All recognizances, bonds, obligations or other undertakings heretofore taken, or which may be taken before the organization of the judicial department under this constitution shall remain valid, and shall pass over to and may be prosecuted in the name of the state, and all bonds, obligations or other undertakings executed to this territory, or to any officer in his official capacity, shall pass over to the proper state authority and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions which have arisen or which may arise before the organization of the judicial department under this constitution, and which shall then be pending, may be prosecuted to judgment and execution in the name of the state.
Sec. 6. Territorial officers to hold over. All officers, civil and military, holding their offices and appointments in this territory, under the authority of the United States or under the authority of this territory, shall continue to hold and exercise their respective offices and appointments until suspended under this constitution.
Sec. 7. Submission of constitution. This constitution shall be submitted for adoption or rejection to a vote of the qualified electors of this territory, at an election to be held on the first Tuesday in November, A. D. 1889. Said election, as nearly as may be, shall be conducted in all respects in the same manner as provided by the laws of the territory for general elections, and the returns thereof shall be made to the secretary of said territory, who with the governor and chief justice thereof, or any two of them, shall canvass the same, and if a majority of the legal votes cast shall be for the constitution the governor shall certify the result to the president of the United States, together with a statement of the votes cast thereon and a copy of said constitution, articles, propositions and ordinances. At the said election the ballots shall be in the following form: “For the constitution—Yes. No.” And as a heading to each of said ballots, shall be printed on each ballot the following instructions to voters: “All persons who desire to vote for the constitution may erase the word ‘No.’ All persons who desire to vote against the constitution may erase the word ‘Yes.’” Any person may have printed or written on his ballot only the words: “For the Constitution,” or “Against the Constitution,” and such ballots shall be counted for or against the constitution accordingly.
Sec. 8. When constitution takes effect. This constitution shall take effect and be in full force immediately upon the admission of the territory as a state.
